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2021 (2) TMI 1399

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.... nos.1, 2 and 8 Shri S.N.Bhattad, Advocate for Respondent Nos. 4 and 5 Shri R.V.Malviya, Advocate for Respondent No. 7 Smt. M.R.Chandurkar, Advocate for Respondent No.9 ORDER Cr. Application (APPP) NO. 1849/2018 Heard. By this application, respondent No. 4 has sought modification of the order dated 10.10.2018 whereby the investigation of the whole case has been directed to be transferred to....

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....the "betel nut" but the "areca nut" as per the report of the Food Safety Analyst. Firstly, we would like to make it clear that the order dated 10.10.2018 does not prohibit respondent No. 4 from carrying out his statutory duty. If it is his statutory duty to calculate the amount of duty leviable on these goods, this Court would never prohibit respondent No. 4 from carrying out such a duty. In fact....

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....has been submitted on behalf of the C.B.I. According to Smt. Chandurkar, learned counsel appearing for C.B.I., because of the pendency of the application, the C.B.I. is of the view that C.B.I. is prohibited to proceed further in the matter. After all, she further submits, by this application respondent No.4 has sought recalling of the direction regarding handing over of the investigation to C.B.I....

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....d so far. We are of the opinion that C.B.I. ought to have acted with due promptitude in the matter and if it has not upto now, this Court would have to direct the C.B.I to do so in a specific manner. In the result, the application is rejected. C.B.I is directed to register the offences under relevant laws against the persons identified so far or unknown persons, as the case may be and start the i....